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New legislation helps Canadians unjustly convicted of homosexual acts clear their record

A new law has been passed in Canada that will help clear the records of people unjustly charged, prosecuted and convicted of homosexual acts.

Bill C-66, or the Expungement Act, received Royal Assent yesterday, allowing Canada to take another step towards righting past instances of discrimination.

<who>Photo Credit: File photo

Historically, Canada unjustly convicted and imposed criminal records on individuals for engaging in consensual sexual activity between same-sex partners that would be lawful today.

Because of Bill C-66, records of convictions involving consensual sexual activity between same-sex partners of legal age can now be destroyed. Convictions under the Criminal Code, as well as convictions under the National Defence Act, will be eligible for permanent destruction.

It is particularly significant that C-66 passed unanimously in the House of Commons and in the Senate, according to a release from the Ministry of Public Safety and member of Parliament, Randy Boissonnault.

“But many LGBTQ2 Canadians suffered these injustices and for them, the pain, trauma and fear have been all too real for a very long time. Such discrimination has no place in Canada and we have a responsibility to recognize and to rectify this historic injustice,” read the joint statement.

For the thousands of Canadians impacted, the application process is straightforward and no fees will be required. For some offences, required evidence could include proof that all people involved in the sexual activity had consented and were at least 16 years old or subject to a ‘close-in-age’ defence under the Criminal Code.

For those who are deceased, appropriate representatives, such as a close relative or trustee, can apply on their behalf.



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